2005 CFR Title 43, Volume 1

Title 43--Public Lands: Interior PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES
	4.1	Scope of authority; applicable regulations.
	4.2	Membership of appeals boards; decisions, functions of Chief Judges.
	4.3	Representation before appeals boards.
	4.4	Public records; locations of field offices.
	4.5	Power of the Secretary and Director.
	4.20	Purpose.
	4.21	General provisions.
	4.22	Documents.
	4.23	Transcript of hearings.
	4.24	Basis of decision.
	4.25	Oral argument.
	4.26	Subpoena power and witness provisions generally.
	4.27	Standards of conduct.
	4.28	Interlocutory appeals.
	4.29	Remands from courts.
	4.30	Information required by forms.
	4.31	Request for limiting disclosure of confidential information.
	4.100	General rules and guidelines.
	4.101	Who may appeal.
	4.102	Appeals--how taken.
	4.103	Forwarding and docketing of appeals.
	4.104	Preparation, organization, transmittal, and status of appeal file.
	4.105	Dismissal for lack of jurisdiction.
	4.106	Representation and appearances.
	4.107	Pleadings.
	4.108	Amendments of pleadings or record.
	4.109	Hearing--election.
	4.110	Prehearing briefs.
	4.111	Prehearing or presubmission conference.
	4.112	Submission without a hearing.
	4.113	Optional small claims (expedited) and accelerated procedures. (See 4.100(a)(2).)
	4.114	Settling of the record.
	4.115	Discovery--depositions.
	4.116	Interrogatories to parties; inspection of documents; admission of facts.
	4.117	Service of papers.
	4.118	Hearings--where and when held.
	4.119	Notice of hearings.
	4.120	Subpoenas. (See 4.100(a)(2).)
	4.121	Unexcused absence of a party.
	4.122	Nature of hearings.
	4.123	Examination of witnesses.
	4.124	Submission of briefs.
	4.125	Decisions.
	4.126	Motions for reconsideration.
	4.127	Dismissals.
	4.128	Remands from courts.
	4.200	How to use this subpart.
	4.201	Definitions.
	4.202	General authority of deciding officials.
	4.203	Determination as to nonexistent persons and other irregularities of allotments.
	4.204	Presumption of death.
	4.205	Escheat.
	4.206	Determinations of nationality, citizenship, or status affecting character of land titles.
	4.207	Settlement agreement.
	4.208	Renunciation of interest.
	4.210	Commencement of probate.
	4.211	Assignment to deciding official.
	4.212	Summary process for estates containing only trust cash estates of less than $5,000.
	4.213	Informal process for cases that do not require a formal hearing.
	4.214	Written decision of attorney decision maker.
	4.215	De novo review following decision of attorney decision maker.
	4.216	Notice.
	4.217	Contents of notice.
	4.220	Production of documents for inspection and copying.
	4.221	Depositions.
	4.222	Written interrogatories; admission of facts and documents.
	4.223	Objections to and limitations on production of documents, depositions, and interrogatories.
	4.224	Failure to comply with discovery.
	4.225	Prehearing conference.
	4.230	Authority and duties of the administrative law judge or Indian probate judge.
	4.231	Formal hearings.
	4.232	Evidence; form and admissibility.
	4.233	Proof of wills, codicils, and revocations.
	4.234	Witnesses, interpreters, and fees.
	4.235	Supplemental hearings.
	4.236	Record.
	4.240	Decision of the administrative law judge or Indian probate judge and notice thereof.
	4.241	Rehearing.
	4.242	Reopening.
	4.250	Filing and proof of creditor claims; limitations.
	4.251	Priority of claims.
	4.252	Property subject to claims.
	4.260	Making of a will; review as to form; revocation.
	4.261	Anti-lapse provisions.
	4.262	Felonious taking of testator's life.
	4.270	Custody and control of trust estates.
	4.271	Omitted property.
	4.272	Improperly included property.
	4.273	Distribution of estates.
	4.281	Claims for attorney fees.
	4.282	Guardians for incompetents.
	4.300	Authority and scope.
	4.301	Valuation report.
	4.302	Conclusion of probate and tribal exercise of statutory option.
	4.303	Notice by surviving spouse to reserve a life estate.
	4.304	Rehearing.
	4.305	Hearing on tribal option to purchase interests.
	4.306	Time for payment.
	4.307	Title.
	4.308	Disposition of income.
	4.310	Documents.
	4.311	Briefs on appeal.
	4.312	Board decisions.
	4.313	Amicus curiae; intervention; joinder motions.
	4.314	Exhaustion of administrative remedies.
	4.315	Reconsideration of a Board decision.
	4.316	Remands from courts.
	4.317	Standards of conduct.
	4.318	Scope of review.
	4.320	Who may appeal.
	4.321	Notice of transmittal of record on appeal.
	4.322	Docketing.
	4.323	Disposition of the record.
	4.330	Scope.
	4.331	Who may appeal.
	4.332	Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond.
	4.333	Service of notice of appeal.
	4.334	Extensions of time.
	4.335	Preparation and transmittal of record by official of the Bureau of Indian Affairs.
	4.336	Docketing.
	4.337	Action by the Board.
	4.338	Submission by administrative law judge of proposed findings, conclusions and recommended decision.
	4.339	Exceptions or comments regarding recommended decision by administrative law judge.
	4.340	Disposition of the record.
	4.350	Authority and scope.
	4.351	Commencement of the determination process.
	4.352	Determination of administrative judge and notice thereof.
	4.353	Record.
	4.354	Reconsideration or rehearing.
	4.355	Omitted compensation.
	4.356	Appeals.
	4.357	Guardians for minors and incompetents.
	4.400	Definitions.
	4.401	Documents.
	4.402	Summary dismissal.
	4.403	Finality of decision; reconsideration.
	4.410	Who may appeal.
	4.411	Appeal; how taken, mandatory time limit.
	4.412	Statement of reasons, statement of standing, written arguments, briefs.
	4.413	Service of notice of appeal and of other documents.
	4.414	Answers.
	4.415	Request for hearings on appeals involving questions of fact.
	4.416	Appeals of wildfire management decisions.
	4.420	Applicability of general rules.
	4.421	Definitions.
	4.422	Documents.
	4.423	Subpoena power and witness provisions.
	4.430	Prehearing conferences.
	4.431	Fixing of place and date for hearing; notice.
	4.432	Postponements.
	4.433	Authority of the administrative law judge.
	4.434	Conduct of hearing.
	4.435	Evidence.
	4.436	Reporter's fees.
	4.437	Copies of transcript.
	4.438	Summary of evidence.
	4.439	Action by administrative law judge.
	4.450	Private contests and protests.
	4.450-1	By whom private contest may be initiated.
	4.450-2	Protests.
	4.450-3	Initiation of contest.
	4.450-4	Complaints.
	4.450-5	Service.
	4.450-6	Answer to complaint.
	4.450-7	Action by manager.
	4.450-8	Amendment of answer.
	4.451	Government contests.
	4.451-1	How initiated.
	4.451-2	Proceedings in Government contests.
	4.452	Proceedings before the administrative law judge.
	4.452-1	Prehearing conferences.
	4.452-2	Notice of hearing.
	4.452-3	Postponements.
	4.452-4	Authority of administrative law judge.
	4.452-5	Conduct of hearing.
	4.452-6	Evidence.
	4.452-7	Reporter's fees.
	4.452-8	Findings and conclusions; decision by administrative law judge; submission to Board for decision.
	4.452-9	Appeal to Board.
	4.470	How to appeal a final BLM grazing decision to an administrative law judge.
	4.471	How to petition for a stay of a final BLM grazing decision.
	4.472	Action on an appeal and petition for a stay.
	4.473	Time and place of hearing; notice; intervenors.
	4.474	Authority of administrative law judge.
	4.475	Service.
	4.476	Conduct of hearing; reporter's fees; transcript.
	4.477	Findings of fact and decision by administrative law judge: Notice; submission to Board of Land Appeals for decision.
	4.478	Appeals to the Board of Land Appeals; judicial review.
	4.479	Effectiveness of decision during appeal.
	4.480	Conditions of decision action.
	4.601	What is the purpose of this subpart?
	4.602	What definitions apply to this subpart?
	4.603	What proceedings are covered by this subpart?
	4.604	When am I eligible for an award?
	4.605	Under what circumstances may I receive an award?
	4.606	What fees and expenses may be allowed?
	4.610	What information must my application for an award contain?
	4.611	What information must I include in my net worth exhibit?
	4.612	What documentation of fees and expenses must I provide?
	4.613	When may I file an application for an award?
	4.620	How must I file and serve documents?
	4.621	When may the Department or other agency file an answer?
	4.622	When may I file a reply?
	4.623	When may other parties file comments?
	4.624	When may further proceedings be held?
	4.625	How will my application be decided?
	4.626	How will an appeal from a decision be handled?
	4.627	May I seek judicial review of a final decision?
	4.628	How will I obtain payment of an award?
	4.700	Who may appeal.
	4.701	Notice of appeal.
	4.702	Transmittal of appeal file.
	4.703	Pleadings.
	4.704	Decisions on appeals.
	4.800	Scope and construction of rules.
	4.801	Suspension of rules.
	4.802	Definitions.
	4.803	Computation of time.
	4.804	Extensions of time.
	4.805	Reduction of time to file documents.
	4.806	Designation.
	4.807	Authority and responsibilities.
	4.808	Participation by a party.
	4.809	Determination of parties.
	4.810	Complainants not parties.
	4.811	Determination and participation of amici.
	4.812	Form.
	4.813	Filing and service.
	4.814	Certificate of service.
	4.815	How proceedings are commenced.
	4.816	Notice of hearing and response thereto.
	4.817	Notice of opportunity to request a hearing and response thereto.
	4.818	Answer.
	4.819	Amendment of notice or answer.
	4.820	Consolidated or joint hearings.
	4.821	Motions.
	4.822	Disposition of motions.
	4.823	Interlocutory appeals.
	4.824	Exhibits.
	4.825	Admissions as to facts and documents.
	4.826	Discovery.
	4.827	Depositions.
	4.828	Use of depositions at hearing.
	4.829	Interrogatories to parties.
	4.830	Production of documents and things and entry upon land for inspection and other purposes.
	4.831	Sanctions.
	4.832	Consultation and advice.
	4.833	Prehearing conferences.
	4.834	Purpose.
	4.835	Evidence.
	4.836	Official notice.
	4.837	Testimony.
	4.838	Objections.
	4.839	Exceptions.
	4.840	Offer of proof.
	4.841	Official transcript.
	4.842	Proposed findings of fact and conclusions of law.
	4.843	Record for decision.
	4.844	Notification of right to file exceptions.
	4.845	Final review by Secretary.
	4.901	What is the purpose of this subpart?
	4.902	What appeals are subject to this subpart?
	4.903	What definitions apply to this subpart?
	4.904	When does my appeal commence and end?
	4.905	What if a due date falls on a day the Department or relevant office is not open for business?
	4.906	What if the Department does not issue a decision by the date my appeal ends?
	4.907	What if an IBLA decision requires MMS or a delegated State to recalculate royalties or other payments?
	4.908	What is the administrative record for my appeal if it is deemed decided?
	4.909	How do I request an extension of time?
	4.1100	Definitions.
	4.1101	Jurisdiction of the Board.
	4.1102	Construction.
	4.1103	Eligibility to practice.
	4.1104	General rules relating to procedure and practice.
	4.1105	Parties.
	4.1106	Hearing sites.
	4.1107	Filing of documents.
	4.1108	Form of documents.
	4.1109	Service.
	4.1110	Intervention.
	4.1111	Voluntary dismissal.
	4.1112	Motions.
	4.1113	Consolidation of proceedings.
	4.1114	Advancement of proceedings.
	4.1115	Waiver of right to hearing.
	4.1116	Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.
	4.1120	Presiding officers.
	4.1121	Powers of administrative law judges.
	4.1122	Conduct of administrative law judges.
	4.1123	Notice of hearing.
	4.1124	Certification of interlocutory ruling.
	4.1125	Summary decision.
	4.1126	Proposed findings of fact and conclusions of law.
	4.1127	Initial orders and decisions.
	4.1128	Effect of initial order or decision.
	4.1129	Certification of record.
	4.1130	Discovery methods.
	4.1131	Time for discovery.
	4.1132	Scope of discovery.
	4.1133	Sequence and timing of discovery.
	4.1134	Supplementation of responses.
	4.1135	Motion to compel discovery.
	4.1136	Failure